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The
Law : Your Rights as a Victim of Violent Crime
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Information and Help from the Police for Domestic
Violence Survivors
When a Crime has Been
Committed Against You
If you are a
victim of a violent crime, Maryland law requires that:
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Police must inform you of
your basic rights as a victim - The police or sheriff’s deputies usually
notify victims of their basic rights by giving them a copy of the pamphlet,
“Maryland Crime Victims and Witnesses: Your Rights and Services.” Md. Crim.
Pro. Code Ann. §11-914(9)(i).
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The
District Court must inform you of your rights as a victim - If you go before a
District Court Commissioner instead of contacting the police, the Commissioner
must give you a copy of the pamphlet, “Maryland
Crime Victims and Witnesses: Your Rights and Services.” Md. Crim. Pro. Code
Ann. §11-104(b).
Rights of Sexual Assault Victims
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Police
must offer transportation - If
you have been sexually assaulted or raped, the police must offer to transport
you immediately to a hospital or other facility approved by the Department of
Health and Mental Hygiene for treatment. Md. Crim. Pro. Code Ann.
§11-924(b)(1).
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Free medical help
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you go to a hospital or other facility, the physician and hospital cannot
charge you for
an
examination, gathering information and evidence about the assault giving you emergency treatment
or providing follow-up medical testing for up to 90 days after the initial examination.
COMAR
10.12.02.05. But if you receive any other medical treatment, the hospital and physician may charge you or your insurance company.
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HIV
testing of the offender - If
you are worried that the assault may have exposed you to the HIV virus, you
should talk to the State’s Attorney and/or your local sexual assault counselor
for guidance. You have the right to file a written request to have the
State’s Attorney ask the court to order that the person who assaulted you be
tested for HIV. Md. Crim. Pro. Code Ann. §11-113(a)(1). If the court orders
the test, you will be notified of the results and be given counseling. Md. Crim. Pro. Code Ann. §11-113(b)(1)(i), (2)(i).
In the Court System
Maryland law
gives certain rights to victim, including the following. A victim is someone who suffers actual or threatened
physical, emotional or financial harm as a direct result of a crime or
delinquent act. Md. Crim Pro. Code Ann. §11-104(a)(2).
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Right to Notice of Indictment - The State’s Attorney’s
Office must notify you within 10 days of filing or unsealing an indictment or
information charging the person who abused you. This notice is given by giving
you a copy of the pamphlet, “Your Rights as a Victim in the Criminal and
Juvenile Justice Process.” Md. Crim. Pro. Code Ann.
§11-914(9)(ii).
- Right to request notification of Court proceedings - The State’s
Attorney’s Office will also give you a copy of the Victim Notification
Request Form that you can file if you want to be notified before:
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Note:
If it is not practical to notify you in advance, but you have filed a
Victim Notification Request, the prosecutor will tell you as soon as
possible after any plea agreement, judicial action or court proceeding
that affects your interests, if you were not present in court.
Md. Crim Pro. Code Ann. §11-104(e)(3). |
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Right to know the terms of any plea agreement.
Md. Crim Pro. Code Ann. §11-104(c)(ii)(e)(1).
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Right to
submit a victim impact statement to the court in a hearing to determine
whether a case should be transferred into or out of juvenile court. Md. Cts. and Jud. Pro. Code Ann. §3-8A-06(c)(2)(i). The court is legally
required to consider your statement in deciding whether to transfer the case.
Md. Crim. Pro. Code Ann. §4-202(i)(2)(iii).
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Right to be present and to make a statement at a sentence review
hearing.
Md. Crim. Pro. Code Ann. §8-106(b)(2).
Financial Compensation
Options for Crime Victims.
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Restitution |
Victim Emergency Funds |
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Private Insurance |
Civil Lawsuit |
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Criminal Inquires Compensation
Board |
More on these
options
from the MD Crime Victims Resource Center. |
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Right to seek Restitution - The
State’s Attorney must notify you of your right to seek restitution. Md. Crim.
Pro. Code Ann §11-603(a). Restitution means that the person who committed the
crime must repay the victim, the state government, an insurance company or
another person that has compensated the victim for injuries, loss or damage. Md. Crim. Pro. Code Ann. §11-606(a)
Fact
Sheet On Restitution
Restitution means that the person who committed the crime must repay the
victim, the state government, an insurance company or another person that has
compensated the victim for injuries, loss or damage. Md. Crim. Pro. Code Ann.
§11-606(a).
There are different ways you may be compensated for your losses.
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You may receive compensation from the
state -
The Criminal Injuries Compensation
Board, which is part of the Maryland Department of Public Safety and
Correctional Services, may compensate victims of crime who suffer physical
injuries for their medical expenses and loss of earnings, up to $45,000. In
cases of homicide, the Board may pay funeral expenses and loss of support to a
surviving spouse or child, or to another person dependent on a homicide victim
for his/her principal support.
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You may receive compensation from the
offender - You may seek restitution from the person who
committed the crime. To do this, you or the State’s Attorney must ask
the court to order restitution. The court may order it if you
have proof of expenses that you suffered as a result of the crime. Md. Crim. Pro. Code Ann. §11-603(b).
Mental Health Commitment
and Release
You
have a right to be be notified about the mental health commitment and release
of an offender. If you have filed a Victim
Notification Request, the State’s Attorney will notify you when one of the following happens.
If the Crime is Committed by a Juvenile
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Who is a Juvenile?
In general, a child or
juvenile means a person under the age of 18. Md. Cts. and Jud. Pro. Code Ann.
§3-8A-01.
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When tried as adults
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Children who have committed some crimes will be tried as adults in
Circuit Court rather than in juvenile court.
More details
Right to seek restitution - If
the person who committed the violent crime is a juvenile, and the case is one
that could only be tried in Circuit Court if the crime had been committed by
an adult, the State’s Attorney must notify you of your right to seek
restitution (compensation for injuries, loss or damage) and provide you a copy
of the Victim Notification Request Form. Md. Crim Pro. Code Ann.
§11-104(c)(2)(i-ii).
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